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(영문) 전주지방법원 2015.10.06 2015고단1080
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 30, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) around 05:57:57, the Defendant driven a Cobserver car without obtaining a driver’s license in the section of about 1km from the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the second of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the city, to the front of the front of

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant operated an automobile that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents, photographs, and reports on the occurrence of traffic accidents;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of the tea association and mandatory insurance association;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The Defendant committed the instant crime even though he was sentenced to the punishment of a fine for the same kind of crime, such as without a license, driving under influence, refusal of drinking, violation of the Guarantee of Automobile Accident Compensation Act, etc., on eight occasions.

However, the execution of imprisonment is to be suspended in addition to an order for probation and attending a lecture, taking into account the fact that the defendant's mistake is seriously against the defendant, the driver's license is acquired after rehabilitation on August 15, 2015, and the risk of recidivism is low and there is no criminal record of the same kind of probation or suspension of execution.

The above circumstances and circumstances.

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